HF 1353

as introduced - 94th Legislature (2025 - 2026) Posted on 02/26/2025 01:42pm

A bill for an act
relating to corrections; clarifying responsibilities of Department of Corrections
licensed facilities; amending Minnesota Statutes 2024, section 241.021, subdivisions
1f, 4a, 7; proposing coding for new law in Minnesota Statutes, chapter 241;
repealing Minnesota Statutes 2024, section 241.021, subdivisions 1, 1a, 1b, 1c,
1d, 1e, 1g, 1h, 1i, 2, 2a, 2b, 3, 6, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [241.011] LICENSING AND INSPECTING LOCAL CORRECTIONAL
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Unless otherwise provided by law, sections 241.011 to 241.013
apply to local correctional facilities licensed by the commissioner of corrections.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections 241.011 to 241.021, the terms defined
in this subdivision have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
new text end

new text begin (c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart
24.
new text end

new text begin (d) "Department" means the Department of Corrections.
new text end

new text begin (e) "Facility administrator" means the officer in charge of a local correctional facility.
new text end

new text begin (f) "Local correctional facility" means:
new text end

new text begin (1) for a facility licensed to detain or house primarily adults, a facility with the primary
purpose of serving individuals placed in the facility by:
new text end

new text begin (i) a court;
new text end

new text begin (ii) a court services department;
new text end

new text begin (iii) a parole authority; or
new text end

new text begin (iv) another correctional agency having dispositional power over individuals charged
with, convicted, or adjudicated guilty or delinquent; and
new text end

new text begin (2) for a facility licensed to detain or serve juveniles, a facility, including a group home
having a residential component, serving juveniles for the primary purpose of:
new text end

new text begin (i) residential care and treatment;
new text end

new text begin (ii) detention; or
new text end

new text begin (iii) foster care services for children in need of out-of-home placement.
new text end

new text begin (g) "State correctional facility" means a correctional facility under the commissioner's
control.
new text end

new text begin Subd. 3. new text end

new text begin Local correctional facilities; inspection and licensing. new text end

new text begin (a) The commissioner
must inspect and license all local correctional facilities throughout the state established and
operated:
new text end

new text begin (1) for detaining, confining, or housing individuals confined or incarcerated in the
facilities; or
new text end

new text begin (2) consistent with section 241.013, subdivision 3, paragraph (a), for detaining or serving
juveniles placed in the facilities by a correctional or noncorrectional agency.
new text end

new text begin (b) No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for operating a local correctional facility may operate the
facility unless it has an active license from the commissioner. Private local correctional
facilities have the authority of section 624.714, subdivision 13, if the commissioner licenses
the facility with the authority and the facility meets the requirements of section 243.52.
new text end

new text begin (c) The department's inspection unit must report directly to a division head outside of
the correctional institutions division.
new text end

new text begin Subd. 4. new text end

new text begin Inspecting facilities for compliance; publishing inspection reports. new text end

new text begin (a)
Unless the commissioner determines otherwise, the commissioner must inspect all local
correctional facilities at least once every two years to determine compliance with the
minimum standards established according to sections 241.011 to 241.013 or any other law
related to minimum standards and conditions of confinement.
new text end

new text begin (b) The commissioner must have access to the facility's buildings, grounds, books,
records, and staff and to individuals confined, incarcerated, or housed in or served by local
correctional facilities. The commissioner may require facility administrators to furnish all
information and statistics that the commissioner deems necessary at a time and place
designated by the commissioner.
new text end

new text begin (c) The commissioner must post each facility inspection report publicly on the
department's website within 30 days after completing an inspection.
new text end

new text begin Subd. 5. new text end

new text begin Granting license; expiration. new text end

new text begin (a) The commissioner must grant a license for
up to two years to:
new text end

new text begin (1) any facility found to conform to minimum standards; or
new text end

new text begin (2) any facility that the commissioner determines is making satisfactory progress toward
substantial conformity and any minimum standards not being met do not impact the interests
and well-being of the individuals confined, incarcerated, or housed in or served by the
facility.
new text end

new text begin (b) A limited license may be issued to effectuate a facility closure.
new text end

new text begin (c) Unless otherwise provided by law, all licenses issued under sections 241.011 to
241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.
new text end

new text begin Subd. 6. new text end

new text begin Providing and accessing facility data. new text end

new text begin (a) The commissioner may require that
any information under sections 241.011 to 241.013 be provided through the department's
detention information system.
new text end

new text begin (b) Notwithstanding chapter 13 or any other state law classifying or restricting access
to data, a facility administrator must furnish to the commissioner all data available to a local
correctional facility that the commissioner deems necessary for reviewing any critical
incident or emergency or unusual occurrence at the facility.
new text end

new text begin (c) The commissioner may take action against a facility's license according to section
241.012 if a facility administrator fails to provide or grant access to relevant information
or statistics requested by the commissioner that are necessary to conduct or complete any
of the following:
new text end

new text begin (1) inspections;
new text end

new text begin (2) reviews of emergency or unusual occurrences; or
new text end

new text begin (3) reviews of critical incidents.
new text end

new text begin Subd. 7. new text end

new text begin Reporting; deaths, emergencies or unusual occurrences, and critical
incidents. new text end

new text begin (a) A facility administrator must report to the commissioner when:
new text end

new text begin (1) an individual detained, confined, or housed in the facility dies at the facility; or
new text end

new text begin (2) an individual dies while receiving medical care stemming from an incident or need
for medical care at the facility that occurred while the individual was detained, confined,
or housed in the facility.
new text end

new text begin (b) Paragraph (a), clause (2), applies regardless of whether:
new text end

new text begin (1) the individual was considered detained in the facility while receiving the medical
care; or
new text end

new text begin (2) for a facility that is not a jail, the individual was subject to the facility's authority
while receiving the medical care.
new text end

new text begin (c) A facility administrator must report a death under this subdivision as soon as
practicable, but no later than 24 hours of receiving knowledge of the death, and must include
any demographic information required by the commissioner.
new text end

new text begin (d) Except for deaths under paragraphs (a) to (c), all facility administrators must report
all critical incidents or, as defined by rule, emergency or unusual occurrences, to the
commissioner within ten days of the incident or occurrence, including any demographic
information required by the commissioner. For a local adult correctional facility, the facility
administrator must report uses of force by facility staff that result in substantial bodily harm
or suicide attempts.
new text end

new text begin (e) The commissioner must consult with the Minnesota Sheriffs' Association and a
representative from the Minnesota Association of Community Corrections Act Counties
who is responsible for operating a local adult correctional facility to define, for reporting
under statute or rule, use of force that results in substantial bodily harm.
new text end

new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin (a) If a local correctional facility receives information of
the death of an individual who died under the circumstances described in subdivision 7,
paragraph (a), the following individuals must, within 90 days of the death, review the
circumstances of the death and assess for preventable mortality and morbidity, including
recommending policy or procedure change:
new text end

new text begin (1) the facility administrator;
new text end

new text begin (2) a medical expert of the facility's choosing who did not provide medical services to
the individual and who is licensed as a physician or physician assistant by the Board of
Medical Practice under chapter 147 or 147A; and
new text end

new text begin (3) if appropriate, a mental health expert.
new text end

new text begin (b) The investigating law enforcement agency may provide documentation, participate
in, or provide documentation and participate in the review if criminal charges are not brought.
A preliminary autopsy report must be provided as part of the review and any subsequent
autopsy findings as available.
new text end

new text begin (c) The facility administrator must provide notice to the commissioner via the
department's detention information system that the facility has conducted a review and
identify any recommendations for changes in policy, procedure, or training that will be
implemented.
new text end

new text begin (d) Any report or other documentation created for purposes of a facility death review is
confidential data on individuals, as defined in section 13.02, subdivision 3. Nothing in this
section relieves the facility administrator from complying with the notice of death to the
commissioner required under subdivision 7.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules establishing minimum
standards for local adult and juvenile correctional facilities for their management, operation,
and physical condition and the security, safety, health, treatment, and discipline of individuals
confined, incarcerated, or housed in or served by the facilities. The minimum standards for
local adult correctional facilities must include but are not limited to specific guidance
pertaining to:
new text end

new text begin (1) screening, appraisal, assessment, and treatment for confined or incarcerated individuals
with mental illness or substance use disorders;
new text end

new text begin (2) a policy on the involuntary administration of medications;
new text end

new text begin (3) suicide prevention plans and training;
new text end

new text begin (4) verification of medications in a timely manner;
new text end

new text begin (5) well-being checks;
new text end

new text begin (6) discharge planning, including providing prescribed medications to individuals
confined or incarcerated in correctional facilities upon release;
new text end

new text begin (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;
new text end

new text begin (8) use of segregation and mental health checks;
new text end

new text begin (9) critical incident debriefings;
new text end

new text begin (10) clinical management of substance use disorders and opioid overdose emergency
procedures;
new text end

new text begin (11) a policy regarding identification of confined or incarcerated individuals with special
needs;
new text end

new text begin (12) a policy regarding the use of telehealth;
new text end

new text begin (13) self-auditing of compliance with minimum standards;
new text end

new text begin (14) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end

new text begin (15) a code of conduct policy for facility staff and annual training;
new text end

new text begin (16) a policy on reviewing all circumstances surrounding the death of an individual
detained, confined, or housed in the facility; and
new text end

new text begin (17) dissemination of a rights statement made available to confined or incarcerated
individuals.
new text end

new text begin (b) Nothing in this section limits the commissioner's authority to adopt rules establishing
standards of eligibility for counties to receive funds under chapter 401 or to require counties
to comply with operating standards that the commissioner establishes as a condition precedent
for counties to receive the funding.
new text end

new text begin (c) The time limit to adopt rules under section 14.125 does not apply to amendments to
rule chapters in effect on the effective date of this section.
new text end

Sec. 2.

new text begin [241.012] LICENSING ACTIONS AGAINST LOCAL CORRECTIONAL
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) For any local correctional
facility, the commissioner must:
new text end

new text begin (1) promptly notify the facility administrator and the facility's governing board of a
deficiency if the commissioner finds that:
new text end

new text begin (i) the facility does not substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward substantial conformance;
and
new text end

new text begin (ii) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals confined, incarcerated, or housed in or served by
the facility; and
new text end

new text begin (2) issue a correction order or a conditional license order requiring that the deficiency
be remedied within a reasonable and specified period.
new text end

new text begin (b) A conditional license order may restrict the use of any facility that does not
substantially conform to minimum standards, including by:
new text end

new text begin (1) imposing conditions limiting operation of the facility or parts of the facility;
new text end

new text begin (2) reducing facility capacity;
new text end

new text begin (3) limiting intake;
new text end

new text begin (4) limiting length of detention or placement for individuals; or
new text end

new text begin (5) imposing detention or placement limitations based on the needs of the confined,
incarcerated, or housed individuals or individuals served by the facility.
new text end

new text begin (c) A correction order or conditional license order must clearly state the following:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) the time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional:
new text end

new text begin (i) the length and terms of the conditional license;
new text end

new text begin (ii) any conditions limiting operation of the facility or parts of the facility; and
new text end

new text begin (iii) the reasons for making the license conditional.
new text end

new text begin (d) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 3 before issuing a correction order or conditional license order.
new text end

new text begin Subd. 2. new text end

new text begin Requesting review of conditional license order. new text end

new text begin (a) A facility administrator
may request that the commissioner review the findings in a conditional license order under
subdivision 1 on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction. If appropriate, the
request may include a written schedule for compliance.
new text end

new text begin (b) Within ten business days of receiving a request, the commissioner must review the
evidence of correction and the progress made toward substantial compliance with minimum
standards.
new text end

new text begin (c) When the commissioner has assurance that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner must:
new text end

new text begin (1) modify or lift any conditions limiting operation of the facility or parts of the facility;
or
new text end

new text begin (2) remove the conditional license order.
new text end

new text begin Subd. 3. new text end

new text begin License revocation order. new text end

new text begin (a) After due notice to a facility administrator of
the commissioner's intent to issue a revocation order, the commissioner may issue an order
revoking a facility's license if the commissioner finds that:
new text end

new text begin (1) the facility does not conform to minimum standards or is not making satisfactory
progress toward substantial compliance with minimum standards; and
new text end

new text begin (2) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals confined, incarcerated, or housed in or served by
the facility.
new text end

new text begin (b) The notice of intent to issue a revocation order must include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on individuals confined, incarcerated, or housed in or
served by the facility;
new text end

new text begin (5) an evaluation of the risk of harm to individuals confined, incarcerated, or housed in
or served by the facility; and
new text end

new text begin (6) relevant facts, conditions, and circumstances on the facility's operation, including at
a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of individuals confined,
incarcerated, or housed in or served by the facility;
new text end

new text begin (ii) substantiated complaints relating to the facility; or
new text end

new text begin (iii) any other evidence that the facility is not in compliance with minimum standards.
new text end

new text begin (c) Within 30 days of receiving a notice under paragraph (b), the facility administrator
must submit a written response with:
new text end

new text begin (1) any information related to errors in the notice and the facility's ability to conform to
minimum standards within a set period, including but not limited to a written schedule for
compliance and any other information that the facility administrator deems relevant for the
commissioner's consideration; and
new text end

new text begin (2) a written plan:
new text end

new text begin (i) indicating how the facility will ensure the transfer of confined, incarcerated, or housed
individuals, or individuals served by the facility, and records if the facility closes; and
new text end

new text begin (ii) specifying arrangements that the facility will make to transfer confined, incarcerated,
or housed individuals, or individuals served by the facility, to another licensed local
correctional facility for continuation of detention.
new text end

new text begin (d) When revoking a license, the commissioner must consider:
new text end

new text begin (1) the nature, chronicity, or severity of the statute or rule violation; and
new text end

new text begin (2) the effect of the violation on the health, safety, or rights of individuals confined,
incarcerated, or housed in or served by the facility.
new text end

new text begin (e) The commissioner must issue a revocation order if the facility administrator does
not respond within 30 days to the notice or if the commissioner does not have assurance
that satisfactory progress toward substantial compliance with minimum standards will be
made. The revocation order must be sent to the facility administrator and the facility's
governing board, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of the violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction or conditional license order issued to correct a violation; and
new text end

new text begin (5) the date at which the license revocation will occur.
new text end

new text begin (f) A revocation order may authorize facility use until a certain date, not to exceed the
duration of the active license:
new text end

new text begin (1) unless a limited license is issued by the commissioner to effectuate a facility closure;
and
new text end

new text begin (2) if continued operation does not present an imminent risk of life-threatening harm or
is not likely to result in serious physical injury to the individuals confined, incarcerated, or
housed in or served by the facility.
new text end

new text begin (g) After a facility's license is revoked, the facility must not be used until the license is
reinstated. When the commissioner is assured that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner may, at the request
of the facility administrator supported by a written schedule for compliance, reinstate the
license.
new text end

new text begin Subd. 4. new text end

new text begin Reconsideration orders. new text end

new text begin (a) If a facility administrator believes that a correction
order, conditional license order, or revocation order is in error, the facility administrator
may ask the commissioner to reconsider the parts of the order or the action that is alleged
to be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner within 30 calendar days after receiving
the order;
new text end

new text begin (3) specify the parts of the order or the action that is alleged to be in error;
new text end

new text begin (4) explain why the order or action is in error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin (b) The commissioner must issue a disposition within 60 days of receiving the facility
administrator's response under paragraph (a). A request for reconsideration does not stay
any provisions or requirements of the order.
new text end

new text begin Subd. 5. new text end

new text begin Temporary immediate license suspension. new text end

new text begin (a) The commissioner must act
immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:
new text end

new text begin (1) the facility's failure to comply with applicable minimum standards or the conditions
in the facility pose an imminent risk of life-threatening harm or serious physical injury to
individuals confined, incarcerated, or housed in or served by the facility; staff; law
enforcement; visitors; or the public and:
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the facility cannot or has not corrected the violation giving rise to the imminent risk
of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the facility continues to operate pending due notice and opportunity for written
response to the commissioner's notice of intent to issue a revocation order under subdivision
3, the commissioner identifies one or more subsequent violations of minimum standards
that may adversely affect the health or safety of individuals confined, incarcerated, or housed
in or served by the facility; staff; law enforcement; visitors; or the public.
new text end

new text begin (b) A notice stating the reasons for the temporary immediate suspension must be delivered
by personal service to the facility administrator and the facility's governing board.
new text end

new text begin (c) A facility administrator and the facility's governing board must discontinue operating
the facility upon receiving the commissioner's order to immediately suspend the license.
new text end

new text begin Subd. 6. new text end

new text begin Requesting reconsideration of temporary immediate suspension. new text end

new text begin (a) A
facility administrator may request reconsideration of an order immediately suspending a
license. The request for reconsideration must be made in writing and sent by certified mail
or personal service as follows:
new text end

new text begin (1) if mailed, the request for reconsideration must be postmarked and sent to the
commissioner within five business days after the facility administrator receives notice that
the license has been immediately suspended; and
new text end

new text begin (2) if a request is made by personal service, the request must be received by the
commissioner within five business days after the facility administrator received the order.
new text end

new text begin (b) The request for reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (c) Within five business days of receiving the facility administrator's timely request for
reconsideration, the commissioner must review the request. For a review under subdivision
5, paragraph (a), clause (2), the review must be limited solely to whether the temporary
immediate suspension order should remain in effect pending the written response to the
commissioner's notice of intent to issue a revocation order.
new text end

new text begin Subd. 7. new text end

new text begin Appealing commissioner's reconsideration request. new text end

new text begin (a) The commissioner's
disposition of a request for reconsideration of a correction, conditional license, temporary
immediate suspension, or revocation order is final and subject to appeal. Before a facility
administrator may request an appeal under paragraph (b), the facility administrator must
request reconsideration according to this section of any correction, conditional license,
temporary immediate suspension, or revocation order.
new text end

new text begin (b) Within 60 days after the postmark date of the mailed notice of the commissioner's
decision on a request for reconsideration, the facility administrator may appeal the decision
by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
Rules of Civil Appellate Procedure, Rule 115.
new text end

new text begin Subd. 8. new text end

new text begin Public notice of restriction, revocation, or suspension. new text end

new text begin If a facility's license
is revoked or suspended under this section, if a facility's use is restricted for any reason
under a conditional license order, or if a correction order is issued to a facility, the
commissioner must publicly post the following on the department's website:
new text end

new text begin (1) the facility name;
new text end

new text begin (2) the status of the facility's license; and
new text end

new text begin (3) the reason for the correction order, restriction, revocation, or suspension.
new text end

Sec. 3.

new text begin [241.013] LICENSING AND INSPECTING LOCAL JUVENILE
CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to local juvenile correctional facilities licensed
by the commissioner of corrections to detain or serve juveniles.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin Unless otherwise provided under section 241.011 or by any
other law, section 241.011 applies to local juvenile correctional facilities.
new text end

new text begin Subd. 3. new text end

new text begin Facilities for children and youth; inspection and licensing. new text end

new text begin (a)
Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,
paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect
all local juvenile correctional facilities under section 241.011, subdivision 3, except as
provided under paragraph (c).
new text end

new text begin (b) The commissioner must grant a license for up to two years to a county, municipality,
or facility:
new text end

new text begin (1) according to section 241.011, subdivision 5; and
new text end

new text begin (2) if the commissioner is satisfied that the interests and well-being of children and youth
are protected.
new text end

new text begin (c) For local juvenile correctional facilities licensed by the commissioner of human
services, the commissioner of corrections may inspect and certify programs based on
certification standards under Minnesota Rules. For purposes of this paragraph, "certification"
has the meaning given in section 245A.02.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner consultation. new text end

new text begin Each facility must receive consultation from the
commissioner as needed to strengthen services to children and youth.
new text end

new text begin Subd. 5. new text end

new text begin Affected municipality; notice. new text end

new text begin (a) The commissioner must not grant a license
without giving 30 calendar days' written notice to any affected municipality or other political
subdivision unless the facility:
new text end

new text begin (1) has a licensed capacity of six or fewer individuals; and
new text end

new text begin (2) is occupied by either the licensee or a group foster home parent.
new text end

new text begin (b) The notification must be given before the license is first granted and annually
thereafter if annual notification is requested in writing by the affected municipality or other
political subdivision.
new text end

new text begin (c) State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
this section until this subdivision has been complied with.
new text end

new text begin Subd. 6. new text end

new text begin Licensing with juveniles from outside state. new text end

new text begin The commissioner must not issue
or renew a license to a facility under this section to operate a local juvenile correctional
facility if:
new text end

new text begin (1) the facility accepts juveniles who reside outside Minnesota; and
new text end

new text begin (2) there is no agreement with the entity placing the juvenile at the facility that obligates
the entity to pay the juvenile's educational expenses.
new text end

new text begin Subd. 7. new text end

new text begin Licensing actions. new text end

new text begin The licensing actions under section 241.012 apply to a
facility licensed under this section.
new text end

new text begin Subd. 8. new text end

new text begin Education for juveniles. new text end

new text begin Notwithstanding subdivision 1, the education program
offered in a state or local correctional facility for the placement, confinement, or incarceration
of juveniles must be approved by the commissioner of education before the commissioner
of corrections may grant a license to the facility.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules for local juvenile
correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and
60, as amended.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
Minnesota Rules, chapter 2960, in effect on the effective date of this section.
new text end

Sec. 4.

new text begin [241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section applies to state correctional facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
new text end

new text begin (b) "Audit group" means the state correctional facilities security audit group under
subdivision 5.
new text end

new text begin (c) "Corrections and detention confidential data" has the meaning given in section 13.85,
subdivision 3.
new text end

new text begin (d) "Security information" has the meaning given in section 13.37, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Biennial report and audit of security practices. new text end

new text begin The department's inspection
unit must conduct biennial security audits of each state correctional facility using the
standards established by the audit group. The inspection unit must:
new text end

new text begin (1) prepare a report for each audit; and
new text end

new text begin (2) submit the report to the audit group within 30 days of completing the audit.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin (a) Corrections and detention confidential data and security information
that is contained in reports and records of the audit group:
new text end

new text begin (1) maintain that classification, regardless of the data's classification in the hands of the
person who provided the data; and
new text end

new text begin (2) are not subject to discovery or introduction into evidence in a civil or criminal action
against the state arising out of any matter that the audit group is reviewing.
new text end

new text begin (b) Information, documents, and records otherwise available from other sources are not
immune from discovery or use in a civil or criminal action solely because they were acquired
during an audit.
new text end

new text begin (c) Nothing in this subdivision limits a person who presented information to the audit
group or who is an audit group member from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person must not be questioned about the
person's good faith presentation of information to the audit group or opinions formed by
the person as a result of an audit.
new text end

new text begin Subd. 5. new text end

new text begin State correctional facilities security audit group. new text end

new text begin (a) The commissioner must
form a state correctional facilities security audit group. The audit group must consist of the
following members:
new text end

new text begin (1) a department employee who is not assigned to the correctional institutions division,
appointed by the commissioner;
new text end

new text begin (2) the ombudsperson for corrections or a designee;
new text end

new text begin (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,
appointed by the commissioner;
new text end

new text begin (4) an individual with expertise in security related to infrastructure and operational
logistics of correctional facilities who is not required to reside in Minnesota, appointed by
the governor;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of administration or a designee;
new text end

new text begin (7) two senators, one appointed by the senate majority leader and one appointed by the
senate minority leader; and
new text end

new text begin (8) two representatives, one appointed by the speaker of the house and one appointed
by the minority leader of the house of representatives.
new text end

new text begin (b) The ombudsperson chairs the audit group. The audit group must establish security
audit standards for state correctional facilities. In developing the standards, the audit group,
or individual members of the audit group, may gather information from state correctional
facilities and state correctional staff and inmates. The audit group must:
new text end

new text begin (1) periodically review the standards and modify them as needed; and
new text end

new text begin (2) report the standards to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety policy and finance
when the standards are modified.
new text end

new text begin (c) The audit group must meet twice annually to review facility audit reports that the
department's inspection unit submits to the audit group. Notwithstanding any law to the
contrary, the audit group may review the full audit reports, including corrections and
detention confidential data and security information.
new text end

new text begin (d) Within 60 days of meeting to review an audit report from the department's inspection
unit, the audit group must make recommendations to the commissioner. Within 45 days of
receiving the audit group's recommendations, the commissioner must respond in writing to
the audit group's findings and recommendations. The commissioner's response must explain:
new text end

new text begin (1) whether the commissioner will implement the audit group's recommendations;
new text end

new text begin (2) the timeline for implementing the recommendations; and
new text end

new text begin (3) if the commissioner will not implement the recommendations, why the commissioner
will not or cannot implement the recommendations.
new text end

new text begin (e) The commissioner must include a written aggregate of the audit group's
recommendations based on each security audit and assessment of a state correctional facility
and the commissioner's responses to the recommendations in the biennial report under
section 241.016, subdivision 1. The commissioner must not include corrections and detention
confidential data and security information in the commissioner's report.
new text end

new text begin (f) The commissioner must provide staffing and administrative support to the audit
group.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin Except as otherwise provided in this subdivision, the terms,
compensation, and removal of audit group members are governed by section 15.059. Audit
group members serve without compensation but may receive expense reimbursement.
Notwithstanding section 15.059, subdivision 6, the audit group does not expire.
new text end

new text begin Subd. 7. new text end

new text begin Open meeting law. new text end

new text begin The audit group is not subject to chapter 13D.
new text end

Sec. 5.

Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:

Subd. 1f.

Report.

By deleted text begin February 15, 2022, and by deleted text end February 15 each year deleted text begin thereafter deleted text end , the
commissioner deleted text begin of corrections shall deleted text end new text begin must new text end report to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
public safety and judiciary on the status of deleted text begin the implementation of the provisions in this
section deleted text end new text begin implementing sections 241.011 to 241.021 new text end over the prior year, particularly the health
and safety new text begin provisions new text end of individuals confined deleted text begin or deleted text end new text begin , new text end incarcerated new text begin , or housed new text end in deleted text begin a deleted text end new text begin both local
adult and new text end state correctional deleted text begin facility and a facility licensed by the commissioner deleted text end new text begin facilities new text end .
deleted text begin This deleted text end new text begin The new text end report deleted text begin shall deleted text end new text begin must new text end include but not be limited to data deleted text begin regarding deleted text end new text begin on new text end :

(1) new text begin in accordance with section 241.011, subdivision 7, new text end the number of confined deleted text begin or deleted text end new text begin , new text end
incarcerated deleted text begin persons deleted text end new text begin , or housed individuals new text end who died deleted text begin while committed to the custody of
the facility, regardless of whether the death occurred at the facility or after removal from
the facility for medical care stemming from an incident or need for medical care at the
correctional facility deleted text end , including aggregated demographic information and the new text begin local new text end correctional
facilities' most recent inspection reports and any new text begin issued new text end corrective orders deleted text begin or deleted text end new text begin , new text end conditional
licenses deleted text begin issued deleted text end new text begin , revocations, or temporary immediate suspensions new text end ;

(2) the aggregated results of deleted text begin the deleted text end new text begin any new text end death reviews new text begin conducted new text end by new text begin a new text end facility deleted text begin as required
by deleted text end new text begin under section 241.011, new text end subdivision 8, including any implemented policy changes;

(3) the number of uses of force by facility staff on deleted text begin persons deleted text end new text begin individuals new text end confined or
incarcerated in the new text begin state new text end correctional facility new text begin or local adult correctional facility new text end , including
but not limited to whether deleted text begin those deleted text end new text begin the new text end uses of force were determined to be justified by the
facility deleted text begin , for which the commissioner of corrections shall consult with the Minnesota Sheriffs'
Association and a representative from the Minnesota Association of Community Corrections
Act Counties who is responsible for the operations of an adult correctional facility to develop
criteria for reporting and define reportable uses of force deleted text end ;

(4) the number of suicide attempts, number of deleted text begin people deleted text end new text begin individuals new text end transported to a medical
facility, and number of deleted text begin people deleted text end new text begin individuals new text end placed in segregation;

(5) the number of deleted text begin persons deleted text end new text begin individuals new text end committed to the deleted text begin commissioner of corrections' deleted text end new text begin
commissioner's new text end custody that the commissioner is housing in new text begin local adult correctional new text end facilities
licensed under deleted text begin subdivision 1 deleted text end new text begin section 241.011 new text end , including but not limited to:

(i) aggregated demographic data of deleted text begin those deleted text end new text begin the new text end individuals;

(ii) length of time spent housed in a licensed new text begin local adult new text end correctional facility; and

(iii) any contracts new text begin that new text end the department deleted text begin of Corrections deleted text end has with new text begin local adult new text end correctional
facilities to provide housing; and

(6) summary data from state correctional facilities deleted text begin regarding deleted text end new text begin on new text end complaints involving
alleged on-duty staff misconduct, including but not limited to the:

(i) total number of misconduct complaints and investigations;

(ii) total number of complaints by each category of misconduct, as defined by the
commissioner deleted text begin of corrections deleted text end ;

(iii) number of allegations dismissed as unfounded;

(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and

(v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.

Sec. 6.

Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:

Subd. 4a.

Substance use disorder treatment programs.

deleted text begin All deleted text end new text begin (a) The following new text end residential
substance use disorder treatment programs operated by the commissioner deleted text begin of corrections to
treat adults deleted text end deleted text begin committed to the commissioner's custody shall deleted text end new text begin must new text end comply with deleted text begin the standards
mandated in deleted text end chapter 245G for treatment programs operated by community-based treatment
facilities deleted text begin . deleted text end new text begin :
new text end

new text begin (1) programs in state correctional facilities that treat individuals committed to the
commissioner's custody; and
new text end

new text begin (2) programs to treat juveniles in state-operated local juvenile correctional facilities that
have a correctional program services certification under Minnesota Rules, chapter 2960.
new text end

new text begin (b) new text end When the commissioners of corrections and human services agree that deleted text begin these deleted text end new text begin the new text end
established standards for community-based programs cannot reasonably apply to correctional
facilities new text begin under paragraph (a) new text end , alternative equivalent standards deleted text begin shall deleted text end new text begin must new text end be developed by
the commissioners and established through an interagency agreement.

Sec. 7.

Minnesota Statutes 2024, section 241.021, subdivision 7, is amended to read:

Subd. 7.

Intake release of information.

new text begin (a) new text end All new text begin local adult and state new text end correctional facilities
that confine or incarcerate adults deleted text begin are required deleted text end new text begin must new text end at intake deleted text begin to deleted text end provide each deleted text begin person deleted text end new text begin individual new text end
an authorization form to release information related to deleted text begin that person's deleted text end new text begin the individual's new text end health
or mental health condition and when that information should be shared.

deleted text begin This deleted text end new text begin (b) The new text end release form deleted text begin shall deleted text end new text begin must new text end allow the individual to select if the individual wants
to require the correctional facility to make attempts to contact the designated person to
facilitate the sharing of health condition information upon incapacitation or if the individual
becomes unable to communicate or direct the sharing of this information, so long as new text begin :
new text end

new text begin (1) new text end contact information was provided new text begin ; new text end and

new text begin (2) new text end the incapacitated individual or individual who is unable to communicate or direct
the sharing of this information is not subject to a court order prohibiting contact with the
designated person.

Sec. 8. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber each section of Minnesota Statutes listed in column
A with the number listed in column B.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 241.021, subdivision 4 new text end	new text begin 241.74, subdivision 1 new text end
	new text begin 241.021, subdivision 4a new text end	new text begin 241.39 new text end
	new text begin 241.021, subdivision 4b new text end	new text begin 241.74, subdivision 2, paragraph (a) new text end
	new text begin 241.021, subdivision 4c new text end	new text begin 241.74, subdivision 2, paragraph (b) new text end
	new text begin 241.021, subdivision 4d new text end	new text begin 241.74, subdivision 3 new text end
	new text begin 241.021, subdivision 4e new text end	new text begin 241.254 new text end

Sec. 9. new text begin REVISOR INSTRUCTION; CROSS-REFERENCES.
new text end

new text begin As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the
revisor of statutes must work with the Department of Corrections to correct cross-references
in Minnesota Statutes and Minnesota Rules and make any other necessary grammatical
changes.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 241.021, subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1g, 1h, 1i,
2, 2a, 2b, 3, 6, and 8, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-00498

241.021 LICENSING AND SUPERVISION OF FACILITIES.

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided in paragraph (b), the commissioner of corrections shall inspect and license all correctional facilities throughout the state, whether public or private, established and operated for the detention and confinement of persons confined or incarcerated therein according to law except to the extent that they are inspected or licensed by other state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum standards for these facilities with respect to their management, operation, physical condition, and the security, safety, health, treatment, and discipline of persons confined or incarcerated therein. These minimum standards shall include but are not limited to specific guidance pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency procedures;

(11) a policy regarding identification of persons with special needs confined or incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private organization legally responsible for the operation of a correctional facility may operate the facility unless it possesses a current license from the commissioner of corrections. Private adult correctional facilities shall have the authority of section 624.714, subdivision 13, if the Department of Corrections licenses the facility with the authority and the facility meets requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision at least once every two years, except as otherwise provided, to determine compliance with the minimum standards established according to this subdivision or other Minnesota statute related to minimum standards and conditions of confinement.

The commissioner shall grant a license to any facility found to conform to minimum standards or to any facility which, in the commissioner's judgment, is making satisfactory progress toward substantial conformity and the standards not being met do not impact the interests and well-being of the persons confined or incarcerated in the facility. A limited license under subdivision 1a may be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up to two years. Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and to persons confined or incarcerated in these facilities. The commissioner may require the officers in charge of these facilities to furnish all information and statistics the commissioner deems necessary, at a time and place designated by the commissioner. Notwithstanding chapter 13 or any other state law classifying or restricting access to data, the officers in charge of these facilities must furnish all data available to the facility that the commissioner deems necessary to conduct a review of any emergency or unusual occurrence at the facility. Failure to provide or grant access to relevant information or statistics necessary to fulfill inspection or emergency or unusual occurrence reviews, as requested by the commissioner, may be grounds for the commissioner to take action against a correctional facility's license under subdivision 1a, 1b, or 1c.

All facility administrators of correctional facilities are required to report all deaths of individuals who died while committed to the custody of the facility, regardless of whether the death occurred at the facility or after removal from the facility for medical care stemming from an incident or need for medical care at the correctional facility, as soon as practicable, but no later than 24 hours of receiving knowledge of the death, including any demographic information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other emergency or unusual occurrences as defined by rule, including uses of force by facility staff that result in substantial bodily harm or suicide attempts, to the commissioner of corrections within ten days from the occurrence, including any demographic information as required by the commissioner. The commissioner of corrections shall consult with the Minnesota Sheriffs' Association and a representative from the Minnesota Association of Community Corrections Act Counties who is responsible for the operations of an adult correctional facility to define "use of force" that results in substantial bodily harm for reporting purposes.

The commissioner may require that any or all such information be provided through the Department of Corrections detention information system. The commissioner shall post each inspection report publicly and on the department's website within 30 days of completing the inspection. The education program offered in a correctional facility for the confinement or incarceration of juvenile offenders must be approved by the commissioner of education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the commissioner may inspect and certify programs based on certification standards set forth in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional facilities shall, insofar as is possible, ensure that the minimum standards it requires are substantially the same as those required by other state agencies which regulate, inspect, or license the same aspects of similar types of correctional facilities, although at different correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections' authority to promulgate rules establishing standards of eligibility for counties to receive funds under chapter 401, or to require counties to comply with operating standards the commissioner establishes as a condition precedent for counties to receive that funding.

(e) The department's inspection unit must report directly to a division head outside of the correctional institutions division.

Subd. 1a.

Correction order; conditional license.

(a) When the commissioner finds that any facility described in subdivision 1, except foster care facilities for delinquent children and youth as provided in subdivision 2, does not substantially conform to the minimum standards established by the commissioner and is not making satisfactory progress toward substantial conformance and the nonconformance does not present an imminent risk of life-threatening harm or serious physical injury to the persons confined or incarcerated in the facility, the commissioner shall promptly notify the facility administrator and the governing board of the facility of the deficiencies and must issue a correction order or a conditional license order that the deficiencies be remedied within a reasonable and specified period of time.

The conditional license order may restrict the use of any facility which does not substantially conform to minimum standards, including imposition of conditions limiting operation of the facility or parts of the facility, reducing facility capacity, limiting intake, limiting length of detention for individuals, or imposing detention limitations based on the needs of the individuals being confined or incarcerated therein.

The correction order or conditional license order must clearly state the following:

(1) the specific minimum standards violated, noting the implicated rule or law;

(2) the findings that constitute a violation of minimum standards;

(3) the corrective action needed;

(4) time allowed to correct each violation; and

(5) if a license is made conditional, the length and terms of the conditional license, any conditions limiting operation of the facility, and the reasons for making the license conditional.

(b) The facility administrator may request review of the findings noted in the conditional license order on the grounds that satisfactory progress toward substantial compliance with minimum standards has been made, supported by evidence of correction, and, if appropriate, may include a written schedule for compliance. The commissioner shall review the evidence of correction and the progress made toward substantial compliance with minimum standards within a reasonable period of time, not to exceed ten business days. When the commissioner has assurance that satisfactory progress toward substantial compliance with minimum standards is being made, the commissioner shall lift any conditions limiting operation of the facility or parts of the facility or remove the conditional license order.

(c) Nothing in this section prohibits the commissioner from ordering a revocation under subdivision 1b prior to issuing a correction order or conditional license order.

Subd. 1b.

License revocation order.

(a) When, after due notice to the facility administrator of the commissioner's intent to issue a revocation order, the commissioner finds that any facility described in this subdivision, except county jails and lockups subject to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making satisfactory progress toward substantial compliance with minimum standards, and the nonconformance does not present an imminent risk of life-threatening harm or serious physical injury to the persons confined or incarcerated in the facility, the commissioner may issue an order revoking the license of that facility.

The notice of intent to issue a revocation order shall include:

(1) the citation to minimum standards that have been violated;

(2) the nature and severity of each violation;

(3) whether the violation is recurring or nonrecurring;

(4) the effect of the violation on persons confined or incarcerated in the correctional facility;

(5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional facility;

(6) relevant facts, conditions, and circumstances concerning the operation of the licensed facility, including at a minimum:

(i) specific facility deficiencies that endanger the health or safety of persons confined or incarcerated in the correctional facility;

(ii) substantiated complaints relating to the correctional facility; or

(iii) any other evidence that the correctional facility is not in compliance with minimum standards.

(b) The facility administrator must submit a written response within 30 days of receipt of the notice of intent to issue a revocation order with any information related to errors in the notice, ability to conform to minimum standards within a set period of time including but not limited to a written schedule for compliance, and any other information the facility administrator deems relevant for consideration by the commissioner. The written response must also include a written plan indicating how the correctional facility will ensure the transfer of confined or incarcerated individuals and records if the correctional facility closes. Plans must specify arrangements the correctional facility will make to transfer confined or incarcerated individuals to another licensed correctional facility for continuation of detention.

(c) When revoking a license, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons confined or incarcerated in the correctional facility.

(d) If the facility administrator does not respond within 30 days to the notice of intent to issue a revocation order or if the commissioner does not have assurance that satisfactory progress toward substantial compliance with minimum standards will be made, the commissioner shall issue a revocation order. The revocation order must be sent to the facility administrator and the governing board of the facility, clearly stating:

(1) the specific minimum standards violated, noting the implicated rule or law;

(2) the findings that constitute a violation of minimum standards and the nature, chronicity, or severity of those violations;

(3) the corrective action needed;

(4) any prior correction or conditional license orders issued to correct violations; and

(5) the date at which the license revocation shall take place.

A revocation order may authorize use until a certain date, not to exceed the duration of the current license, unless a limited license is issued by the commissioner for purposes of effectuating a facility closure and continued operation does not present an imminent risk of life-threatening harm or is not likely to result in serious physical injury to the persons confined or incarcerated in the facility.

(e) After revocation of the facility's licensure, that facility shall not be used until the license is renewed. When the commissioner is satisfied that satisfactory progress toward substantial compliance with minimum standards is being made, the commissioner may, at the request of the facility administrator supported by a written schedule for compliance, reinstate the license.

Subd. 1c.

Temporary license suspension.

The commissioner shall act immediately to temporarily suspend a license issued under this chapter if:

(1) the correctional facility's failure to comply with applicable minimum standards or the conditions in the correctional facility pose an imminent risk of life-threatening harm or serious physical injury to persons confined or incarcerated in the facility, staff, law enforcement, visitors, or the public; and

(i) if the imminent risk of life-threatening harm or serious physical injury cannot be promptly corrected through a different type of order under this section; and

(ii) the correctional facility cannot or has not corrected the violation giving rise to the imminent risk of life-threatening harm or serious physical injury; or

(2) while the correctional facility continues to operate pending due notice and opportunity for written response to the commissioner's notice of intent to issue an order of revocation, the commissioner identifies one or more subsequent violations of minimum standards which may adversely affect the health or safety of persons confined or incarcerated in the facility, staff, law enforcement, visitors, or the public.

A notice stating the reasons for the immediate suspension informing the facility administrator must be delivered by personal service to the correctional facility administrator and the governing board of the facility.

Subd. 1d.

Public notice of restriction, revocation, or suspension.

If the license of a facility under this section is revoked or suspended, or use of the facility is restricted for any reason under a conditional license order, or a correction order is issued to a facility, the commissioner shall post the facility, the status of the facility's license, and the reason for the correction order, restriction, revocation, or suspension publicly and on the department's website.

Subd. 1e.

Reconsideration of orders; appeals.

(a) If the facility administrator believes the correction order, conditional license order, or revocation order is in error, the facility administrator may ask the Department of Corrections to reconsider the parts of the order or action that are alleged to be in error. The request for reconsideration must:

(1) be made in writing;

(2) be postmarked and sent to the commissioner no later than 30 calendar days after receipt of the correction order, conditional license order, or revocation order;

(3) specify the parts of the order that are alleged to be in error;

(4) explain why the correction order, conditional license order, or revocation order is in error; and

(5) include documentation to support the allegation of error.

The commissioner shall issue a disposition within 60 days of receipt of the facility administrator's response to correction, conditional license, or revocation order violations. A request for reconsideration does not stay any provisions or requirements of the order.

(b) The facility administrator may request reconsideration of an order immediately suspending a license. The request for reconsideration of an order immediately suspending a license must be made in writing and sent by certified mail, personal service, or other means expressly stated in the commissioner's order. If mailed, the request for reconsideration must be postmarked and sent to the commissioner no later than five business days after the facility administrator receives notice that the license has been immediately suspended. If a request is made by personal service, it must be received by the commissioner no later than five business days after the facility administrator received the order. The request for reconsideration must:

(1) specify the parts of the order that are alleged to be in error;

(2) explain why they are in error; and

(3) include documentation to support the allegation of error.

A facility administrator and the governing board of the facility shall discontinue operation of the correctional facility upon receipt of the commissioner's order to immediately suspend the license.

(c) Within five business days of receipt of the facility administrator's timely request for reconsideration of a temporary immediate suspension, the commissioner shall review the request for reconsideration. The scope of the review shall be limited solely to the issue of whether the temporary immediate suspension order should remain in effect pending the written response to commissioner's notice of intent to issue a revocation order.

The commissioner's disposition of a request for reconsideration of correction, conditional license, temporary immediate suspension, or revocation order is final and subject to appeal. The facility administrator must request reconsideration as required by this section of any correction, conditional license, temporary immediate suspension, or revocation order prior to appeal.

No later than 60 days after the postmark date of the mailed notice of the commissioner's decision on a request for reconsideration, the facility administrator may appeal the decision by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota Rules of Civil Appellate Procedure, Rule 115.

Subd. 1g.

Biennial assessment and audit of security practices; state correctional facilities.

(a) Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial security audits of each state correctional facility using the standards promulgated by the state correctional facilities security audit group. The unit must prepare a report for each assessment and audit and submit the report to the state correctional facilities security audit group within 30 days of completion of the audit.

(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, that is contained in reports and records of the group maintain that classification, regardless of the data's classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against the state arising out of the matters the group is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were acquired during the group's audit. This section does not limit a person who presented information to the group or who is a member of the group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the group or opinions formed by the person as a result of the group's audits.

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:

(1) a Department of Corrections employee who is not assigned to the correctional institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections or a designee;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;

(4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor;

(5) the commissioner of health or a designee;

(6) the commissioner of administration or a designee;

(7) two senators, one appointed by the senate majority leader and one appointed by the minority leader; and

(8) two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.

(b) The ombudsperson or a designee shall chair the group. The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance whenever the standards are updated.

(c) The group shall meet twice a year to review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of meeting to review audit reports from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section 241.016, subdivision 1. The commissioner shall not include corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, in the commissioner's report to the legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

(f) The state correctional facilities security audit group is not subject to chapter 13D.

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section 15.059. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision 6, the group does not expire.

Subd. 1i.

Definition.

As used in this section, "correctional facility" means any facility, including a group home, having a residential component, the primary purpose of which is to serve persons placed in facilities by a court, court services department, parole authority, or other correctional agency having dispositional power over persons charged with, convicted, or adjudicated guilty or delinquent.

Subd. 2.

Facilities for delinquent children and youth; licenses; supervision.

Notwithstanding any provisions in sections 256.01, subdivision 2, paragraph (a), clause (2), 245A.03, and 245A.04, and chapter 245C, to the contrary, but subject to the municipality notification requirements of subdivision 2a, the commissioner of corrections shall review all county, municipal or other publicly established and operated facilities for the detention, care and training of delinquent children and youth at least once every biennium, and if such facility conforms to reasonable standards established by the commissioner or in the commissioner's judgment is making satisfactory progress toward substantial conformity therewith, and the commissioner is satisfied that the interests and well-being of children and youth received therein are protected, the commissioner shall grant a license to the county, municipality or agency thereof operating such facility. The commissioner may grant licensure up to two years. Each such facility shall cooperate with the commissioner to make available all facts regarding its operation and services as the commissioner requires to determine its conformance to standards and its competence to give the services needed and which it purports to give. Every such facility as herein described is subject to visitation and supervision by the commissioner and shall receive from the commissioner consultation as needed to strengthen services to the children and youth received therein.

Subd. 2a.

Affected municipality; notice.

The commissioner must not grant a license without giving 30 calendar days' written notice to any affected municipality or other political subdivision unless the facility has a licensed capacity of six or fewer persons and is occupied by either the licensee or the group foster home parents. The notification must be given before the license is first granted and annually after that time if annual notification is requested in writing by any affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a foster care facility licensed under subdivision 2 until the provisions of this subdivision have been complied with in full.

Subd. 2b.

Licensing; facilities; juveniles from outside state.

The commissioner may not:

(1) grant a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile; or

(2) renew a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile.

Subd. 3.

Revocation of license.

When after due notice and hearing the commissioner of corrections determines that any facility described in subdivision 2 does not substantially conform to the reasonable standards therein provided or is not making satisfactory progress toward substantial compliance therewith, the commissioner may, with the consent of the judge of the district court, issue an order revoking the license of that facility. After revocation of its license, that facility shall not be used for the care and training of delinquent children, or for their detention until its license is renewed.

Subd. 6.

Background studies.

(a) The commissioner of corrections is authorized to do background studies on personnel employed by any facility serving children or youth that is licensed under this section. The commissioner of corrections shall contract with the commissioner of human services to conduct background studies of individuals providing services in secure and nonsecure residential facilities and detention facilities who have direct contact, as defined under section 245C.02, subdivision 11, with persons served in the facilities. A disqualification of an individual in this section shall disqualify the individual as provided in chapter 245C.

(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by providing to the commissioner of human services, or the commissioner's representative, all criminal conviction data available from local, state, and national criminal history record repositories, including the criminal justice data communications network, pertaining to the following individuals: applicants, operators, all persons living in the household, and all staff of any facility subject to background studies under this subdivision.

(c) The Department of Human Services shall conduct the background studies required by paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision, the term "secure and nonsecure residential facility and detention facility" shall include programs licensed or certified under subdivision 2. The Department of Human Services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of corrections. Individuals shall be disqualified under the provisions of chapter 245C.

If an individual is disqualified, the Department of Human Services shall notify the facility and the individual and shall inform the individual of the right to request a reconsideration of the disqualification by submitting the request to the Department of Corrections.

(d) The commissioner of corrections shall review and decide reconsideration requests, including the granting of variances, in accordance with the procedures and criteria contained in chapter 245C. The commissioner's decision shall be provided to the individual and to the Department of Human Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.

(e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments in implementing the provisions of this subdivision. The responsibilities imposed on applicants and licensees under chapters 245A and 245C shall apply to these facilities.

Subd. 8.

Death review teams.

In the event a correctional facility receives information of the death of an individual while committed to the custody of the facility, regardless of whether the death occurred at the facility or after removal from the facility for medical care stemming from an incident or need for medical care at the correctional facility, the administrator of the facility, minimally including a medical expert of the facility's choosing who did not provide medical services to the individual, and, if appropriate, a mental health expert, shall review the circumstances of the death and assess for preventable mortality and morbidity, including recommendations for policy or procedure change, within 90 days of death. The investigating law enforcement agency may provide documentation, participate in, or provide documentation and participate in the review in instances where criminal charges were not brought. A preliminary autopsy report must be provided as part of the review and any subsequent autopsy findings as available. The facility administrator shall provide notice to the commissioner of corrections via the Department of Corrections detention information system that the correctional facility has conducted a review and identify any recommendations for changes in policy, procedure, or training that will be implemented. Any report or other documentation created for purposes of a facility death review is confidential as defined in section 13.02, subdivision 3. Nothing in this section relieves the facility administrator from complying with the notice of death to the commissioner as required by subdivision 1, paragraph (a).